27/04/2010 - Poverty 'should not be excuse'
"Claiming poverty" would no longer be a justifiable excuse by Scottish companies looking to avoid fines after they have been found guilty of causing workplace deaths, under a proposed new Bill amendment in Scotland.
Background checks on convicted companies' finances could soon be possible by Courts in the country after the Scottish Parliament's Justice Committee decided to accept an amendment to the Criminal Justice and Licensing (Scotland) Bill.
Firms can currently present their own report on the state of their finances, under the current system.
The amendment was proposed by Dr Bill Wilson MSP (West of Scotland, SNP), who said: "I trust the Bill will become law and my amendment with it. This is long overdue. My research showed that companies found criminally responsible for killing people in Scotland were being fined £12,500 or less in 50% of cases. A significant contributing factor to this is the fact that courts have no power to order independent inquiries into companies' finances."
He added: "It strikes me as ridiculous that we rely on convicted companies to provide the reports which will influence the level of fine. It is the equivalent of a judge sternly wagging his finger at a convicted housebreaker and saying, 'You are a terribly naughty fellow. Now please tell me how much of a fine you can afford to pay?'"
Copyright © Press Association 2010
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